Skip to content
Estate Affidavit Guide

How to File Small Estate Affidavit in Texas: Step by Step

To file Small Estate Affidavit in Texas, you complete the official form under Estates Code Chapter 205, after the 30-day waiting period following death has passed. Below is the step-by-step walkthrough. This is informational only and is not legal advice; we explain how to use the state's own form — we do not draft it for you.

Last reviewed

Filing Small Estate Affidavit in Texas means completing the official form under Estates Code Chapter 205, after the 30-day waiting period following death has passed. Here is the full sequence, with the statutory fact behind each step.

  1. Confirm the estate is intestate and under the $75,000 non-exempt cap

    Chapter 205 requires both: no valid will disposing of the whole estate, AND the value of non-exempt personal property (excluding homestead and other exempt property) at or under $75,000. If a will exists, see the Muniment of Title guide instead.

  2. Wait 30 days after the date of death

    Texas will not accept a Small Estate Affidavit filing before the 30th day after death, even if every other requirement is already met.

  3. Download the official Texas Small Estate Affidavit form

    Get the fill-in form and instructions directly from the Texas Judicial Branch via texaslawhelp.org's Small Estate Affidavit toolkit — the same source Texas courts themselves point to. View source →

  4. List every known asset, debt, and heir, and get every distributee's signature

    The affidavit must list the estate's assets and liabilities and be signed by two disinterested witnesses and all distributees (the people entitled to inherit) — a missing signature is one of the most common reasons a clerk rejects a filing.

  5. File with the county clerk or probate court and have a judge approve it

    Unlike some states' direct-to-bank affidavits, Texas requires the affidavit to be filed with the court and approved by a judge before it has legal effect — budget for the local court's docket timing, which varies by county.

  6. Get certified copies of the approved affidavit

    Once approved, request certified copies from the clerk — banks and other institutions will want the certified court copy, not the version you originally submitted.

  7. Present the certified affidavit to each bank, DMV, or asset holder

    Texas Estates Code § 205.008 protects an institution that pays out in good-faith reliance on a facially valid, court-approved affidavit — know this citation if a branch hesitates.

The step families get stuck on is presenting the completed filing to a bank, DMV, or title company — see also how long the whole process actually takes once the waiting period passes.

Get the official Texas form

Download the state's own fill-in instrument directly — never a third-party paywalled copy: Official Small Estate Affidavit form . Texas Judicial Branch fill-in Small Estate Affidavit template, with instructions, published via texaslawhelp.org's Small Estate Affidavit toolkit.

The step that isn't really paperwork

Presenting it to the bank, DMV, or title company is where families actually lose time — most front-line staff have never processed this kind of filing before. Free one-pager: what to bring and what to say before you go, emailed now. Then a few short follow-ups over the next few weeks — then we stop. No ongoing newsletter.

Email only — we never ask for estate value, family details, or account numbers, and never sell your address.